Final Minutes

California State Board of Education

January 9-10, 2008

Wednesday, January 9, 2008

Members Present

Jim Aschwanden

Alan Bersin

Ruth Bloom

Yvonne Chan

Don Fisher

Ruth Green

Monica Liu

David Lopez

Ted Mitchell

Ken Noonan

Johnathan Williams

Members Absent

None

Secretary and Executive Officer

Jack O’Connell, State Superintendent of Public Instruction

Principal Staff

Gary Borden, Interim Executive Director, State Board of Education

Dale Webster, Education Policy Consultant, State Board of Education

Bob LaLiberte, Special Consultant, State Board of Education

Loretta Hickman, Executive Fellow, State Board of Education

Raquel Lothridge, Executive Assistant, State Board of Education

Lynn Hile, Office Technician, State Board of Education

Kathy Dobson, Legal Assistant, State Board of Education

Gavin Payne, Chief Deputy Superintendent, California Department of Education

Marsha Bedwell, General Counsel, California Department of Education

Michelle Zumot, Education Policy Assistant, California Department of Education

President Noonan called the meeting to order at 9:10a.m.

Member Bersin led the Pledge of Allegiance.

Report of the Superintendent

Superintendent O”Connell noted with sadness the passing of Sam Swafford, former Executive Director of the California Teachers Credentialing Commission. He then cited the difficulties associated with the Governor’s Budget, and the need to work on closing the Achievement Gap and preparing our students for the new competitive global economy. He commended Ted Mitchell and his group’s work on the Governor’s Committee on Educational Excellence while not agreeing with every item in the recommendations. Upcoming will be the release of recommendations from the statewide P 16 Council that has been working closely with Ted Mitchell’s group. Finally, Superintendent O’Connell indicated that his State of Education address would be delivered on January 22.

AGENDA ITEMS

Item 1

Subject: STATE BOARD PROJECTS AND PRIORITIES.

Including, but not limited to, future meeting plans; agenda items, and officer elections; State Board office budget, staffing, appointments, and direction to staff; declaratory and commendatory resolutions; update on litigation; bylaw review and revision; Board Liaison Reports; and other matters of interest.

Type of Action: Action, Information

Board Officer Elections

ACTION: Member Bersin moved to elect Member Mitchell as Board President, and Member Bloom as Vice President for the 2008 Calendar Year.

Member Lopez seconded the motion. The motion was approved by a vote of 11-0.

Item 2

Subject: PUBLIC COMMENT.

Public comment is invited on any matter not included on the printed agenda. Depending on the number of individuals wishing to address the State Board, the presiding officer may establish specific time limits on presentations.

Type of Action: Information

No action was taken on this item.

Item 3

Subject: Curriculum Development and Supplemental Materials Commission: Approval of Supplementary Questionnaire to Application for Appointment to Advisory Body

Type of Action: Action, Information

Board staff proposed the use of a questionnaire for consideration of appointments to the Curriculum Development and Supplemental Materials Commission similar to the supplemental questionnaire that the Board approved in November. This item is needed so that better and relevant information is received by SBE staff and members for review of these potential appointments. Staff suggested that a similar supplementary questionnaire be developed for each commission and committee of the Board. Member Lopez expressed concern about the diversity of representation on the Curriculum Commission and other advisory bodies. Staff described their plans to further explore related issues.

ACTION: Member Chan moved to approve the supplementary questionnaire to the State Board’s currently used Application for Appointment to the Curriculum Development and Supplemental Materials Commission.

Member Lopez seconded the motion. The motion was approved by a vote of 11-0.

Item 4

Subject: Adoption of Kindergarten Through Grade Eight Instructional Materials: Adopt Proposed Title 5 Regulations.

Type of Action: Action, Information

CDE staff advised that this was the last meeting at which the regulations could be adopted, or the one year deadline for adoption would be exceeded, and the process would need to be reinitiated. Public comments were received. Several speakers focused on the appropriateness and conditions for publisher contact during the adoption process.

ACTION: Member Bloom moved to:

Approve the Final Statement of Reasons;

Adopt the proposed regulations; and

Direct CDE to submit the rulemaking file to the Office of Administrative Law for approval.

Member Lopez seconded the motion. The motion was approved by a vote of 7-1. Member Fisher voted in opposition to the motion. Members Green and Williams abstained from the vote. Member Mitchell was not available for the vote.

Item 5

Subject: 2005 History-Social Science Adoption: Revision of References to Guru Nanak in Oxford University Press's An Age of Voyages, 1350-1600

Type of Action: Action, Information

The Sikh Community had sought changes in the portrayal of and terminology related to Guru Nanak in the History-Social Science Program by Oxford University Press.

ACTION: Member Chan moved to accept Oxford University Press’ request to delete all references to “Devi,” “Shri,” and “Ji” when mentioning Guru Nanak in the next reprint of its state-adopted textbook, An Age of Voyages, 1350-1600.

Member Williams seconded the motion. The motion was approved by a vote of 10-0. Member Lopez abstained from the vote.

Item 6

Subject: Education and the Environment Initiative: Evaluation Criteria and Plan for Review of Curriculum Units

Type of Action: Action, Information

CDE staff provided a background description of the Education and Environment Initiative, which directs the Cal/EPA, the California Integrated Waste Management Board, the California Resources Agency, CDE, SBE, and the Secretary of Education to develop a set of environmental principles and concepts for elementary and secondary schools. The principles and concepts were approved in December 2004 by SBE. Legislation in 2005 called for the creation of a model environmental curriculum, incorporating the environmental principles and concepts.

Cal/EPA and the Waste Management Board are working on 64 curriculum units, of a planned total of 150 units. The Curriculum Commission will review the proposed materials and submit recommendations to the Secretaries of Cal/EPA and the Resources Agency which will advance the materials to the State Board for approval. The review process will be based on evaluation criteria before the Board on this item. Staff requested approval of the criteria, timeline and application so that the process of recruiting reviewers and initiating work with Cal/EPA can begin, to permit implementing the reviews early next year. Member Liu expressed the interest of K-12 students across the state about the relevance and importance of environmental education to human existence on this planet

ACTION: Member Chan moved to accept the evaluation criteria, timeline, and reviewer application recommended by the Curriculum Development and Supplemental Materials Commission (Curriculum Commission) for the review of instructional units that will be prepared for the Education and the Environment Initiative (EEI).

Member Mitchell seconded the motion. The motion was approved by a vote of 8-0. Members Fisher, Green and Lopez were not available for the vote.

Item 7

Subject: 2008 Reading/Language Arts–English-Language Development Primary Adoption of Instructional Materials: Approval of Optional Evaluation Criteria Maps

Type of Action: Action, Information

CDE staff described the optional criteria maps which are analogous to the standards maps approved at the November 2007 Board meeting. The publishers have the option of presenting citations that will show reviewers where the criteria are met in the programs. These are in the new regulations and will be required for all adoptions in the future.

ACTION: Member Chan moved to approve the Optional Evaluation Criteria Maps for the 2008 Reading/Language Arts–English-Language Development (RLA/ELD) Primary Adoption as recommended by the Curriculum Development and Supplemental Materials Commission (Curriculum Commission).

Member Aschwanden seconded the motion. The motion was approved by a vote of 8-0. Members Bloom, Lopez and Williams were not available for the vote.

Item 8

Subject: 2008 Reading/Language Arts–English-Language Development Primary Adoption of Instructional Materials: Appointment of Instructional Materials Advisory Panel Members and Content Review Panel Experts (Cohort 2)

Type of Action: Action, Information

CDE staff described this second cohort of IMAPs and CRPs (approximately 60 reviewers). These applicants have been reviewed and approved by the Curriculum Commission. The bulk of reviewers in Cohort 1 (approximately 170) were approved by the Board in November. After this January appointment, the quota for CRPs will have been met. Still needed will be about 30 more IMAPs. Those will come in Cohort 3 for a March approval.

ACTION: Member Bloom moved to approve appointment of Instructional Materials Advisory Panel (IMAP) members and Content Review Panel (CRP) experts as recommended by the Curriculum Development and Supplemental Materials Commission (Curriculum Commission) for the 2008 Reading/Language Arts–English-Language Development (RLA/ELD) Primary Adoption.

Member Chan seconded the motion. The motion was approved by a vote of 9-0. Members Mitchell and Williams were not available for the vote.

Item 9

Subject: No Child Left Behind Act of 2001: Title III Local Educational Agency Accountability and Sanctions

Type of Action: Action, Information

CDE staff again presented the item, first addressed by the Board at its November 2007 meeting. In the meantime, there has been considerable consultation with stakeholders. SBE and CDE staff have worked together to assure that the EPCs, the DAIT standards and the ten recommended areas of focus are all aligned to create a coherent program synchronized with current statewide school and district improvement efforts.

ACTION: Member Fisher moved to approve the process for Title III subgrantees to comply with No Child Left Behind (NCLB) Act of 2001 Title III Accountability requirements under Section 3122 (b)(4).

Member Mitchell seconded the motion. The motion was approved by a vote of 10-0. Member Lopez was not available for the vote.

Item 10

Subject: Health Education Content Standards for California Public Schools, Kindergarten Through Grade Twelve

Type of Action: Action, Information

CDE staff described progress on this item since the Board’s discussion at the November 2007 meeting. Also, they indicated that the item now is not intended for action at this meeting; it will be advanced as an information item in February and is intended for Board action in March 2008. Numerous modifications have been made. The advocacy portion was revised to reflect response to concerns expressed by Board members in November In terms of balance, one Board member had provided specific feedback. Nevertheless, Board members expressed lingering concerns, particularly about the limited opportunity for student input in the development of the health standards.

No action was taken on this item.

Item 11

Subject: Nonpublic School and Agency Certification: Approve Commencement of the Rulemaking Process to Amend Title 5 of the California Code of Regulations, Sections 3001, et seq.

Type of Action: Action, Information

CDE staff requested the Board to initiate and approve the notice of proposed rule-making.

ACTION: Member Aschwanden moved to:

Approve the Notice of Proposed Rulemaking;

Approve the Initial Statement of Reasons;

Approve the proposed regulations; and

Direct CDE to commence the rulemaking process

Member Williams seconded the motion. The motion was approved by a vote of 8-0. Members Bersin, Lopez and Mitchell were not available for the vote.

Item 12

Subject: State Performance Plan and Annual Performance Report for PartB of the Individuals with Disabilities Education Act (IDEA) covering the program year 2006-07.

Type of Action: Action, Information

CDE staff described the state’s plan for special education and the annual report regarding prior year compliance with the targets provided in the plan. All states are required to submit the plan and annual report to the federal government by February 1 of each year. This plan includes 20 indicators under IDEA that the state must meet each year in order to be federally compliant. California has not met all of its required indicators. The final data are not yet available but will be forthcoming for a couple of indicators

ACTION: Member Chan moved to approve the State Performance Plan (Part B SPP) and Annual Performance Report (Part B APR) for Part B of the IDEA for 2006-07, contingent upon final review by the SBE Executive Director and SBE liaison for special education, Yvonne Chan, of complete data for two indicators – Indicator 3 (Assessment) and Indicator 10 (Disproportionality by Disability). Following final review, the plan will be recommended to the Board President for signature and submission to the U.S. Department of Education.

Member Green seconded the motion. The motion was approved by a vote of 6-0. Members Bersin, Green, Lopez, Mitchell and Williams were unavailable

Item 14

Subject: 2008-2012 California State Plan for Career Technical Education, Public Hearing of the Plan, as Required by the Carl D. Perkins Career and Technical Education Improvement Act of 2006

Type of Action: Action, Information, Public Hearing

***PUBLIC HEARING***

President Noonan opened the public hearing at 3:10 p.m.

CDE staff presented the California State Plan for Career Technical Education to the Board. This plan is required for California to be eligible to receive $ 140 million of Carl Perkins funds annually for Career Technical Education. The plan was developed over a three year period and its development was guided by a Joint Advisory Committee. The plan requires a public hearing (underway) and will again be before the Board for final approval at the March 2008 Board meeting.

One proponent addressed the Board.

No opponents addressed the Board.

President Noonan closed the public hearing at 3:15 p.m.

***End of Public Hearing***